Product Details
About the Seminar
There are more than 20 million veterans of the United States military who are potentially eligible for benefits administered by the Department of Veterans Affairs (VA). Over 1 million have already applied; more than another million are expected to do so in the next year. This tidal wave of claims has swamped VA creating a many year backlog and contributing to an error rate some estimate at over 80%. Coupled with the lingering effects of over a century in splendid isolation from judicial review, veterans seeking benefits face a broad array of legal challenges. The result is a rapidly expanding practice area for attorneys with a wide range of training and experience.
This course provides attorneys and non-attorney practitioners with a basic understanding of the VA claims and appeals process and the fundamental tools to navigate the maze of applicable laws and regulations. Douglas J. Rosinski and Katrina J. Eagle two experienced practitioners in this field will share insights on how VA processes an application, decides a claim, the keys to a successful interaction with VA decision makers, the path of an appeal of an adverse decision, and how to obtain attorney's fees. The material will also discuss ancillary, but increasingly important issues, including fiduciary matters, incarcerated veteran issues, and survivor rights. The course will also include a 1 hour discussion of ethical issues in representing clients in a non-adversarial system.
This seminar consists of VA Training required to represent veterans in the VA CLAIMS AND APPEALS PROCESS. (You MUST BE ACCREDITED WITH VA PRIOR TO ATTENDING THE PROGRAM in order for the training to count either for certification or recertification. AN ACCREDITATION APPLICATION PENDING APPROVAL WILL NOT SUFFICE.)
Note: Attorneys who are signing up for the VA Training: if not accredited, accreditation needs to be APPROVED BY VA'S OFFICE OF GENERAL COUNSEL prior to attending the seminar.
Any attorney who discusses VA benefits with clients must be accredited through the VA. Attorney accreditation requires the following: (1) Application (VA Form 21a) submitted to the Department of Veterans Affairs - Office of General Counsel; (2) Self-certification regarding admission information to practice before any other court, bar, or State or Federal agency; and, (3) Determination of character and fitness (absent credible information to the contrary, the General Counsel will presume an attorney's character and fitness to practice before the VA if an attorney's membership is in good standing with the state bar). Within twelve (12) months of initial accreditation, an attorney must complete a CLE course approved by the state bar for a minimum of three (3) hours. Attorneys shall certify completion of the initial CLE requirement and submit the relevant information to the Office of General Counsel. The full text can be found at 38 C.F.R. ยง14.629(b) (1).
*In order for this course to qualify for the 3 hour CLE requirement you must have filed the necessary application and self-certification and have received approval from the VA.
Speakers: Katrina J. Eagle/Douglas J. Rosinski/Professor John P. Freeman, Retired
Mandatory MCLE Credit Hours
This seminar qualifies for 3.0 MCLE credit hours, including up to 1.0 LEPR credit hours.
This is a Basic Level Program.
Note: When submitting your compliance reports to the SC
Commission on CLE and Specialization, if you completed this in 2022, please use this course code: 223021ADO.
Note: When submitting your compliance reports to the SC
Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 231482ADO.
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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
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